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§47-40-102.


§47-40-102.
   
   A. Every law enforcement officer who, in the regular course of duty,
   investigates or receives a report of a traffic accident resulting in
   injury to or death of a person or total property damage to an apparent
   extent of Five Hundred Dollars ($500.00) or more shall prepare a
   written report of the accident on the standard accident report form
   supplied by the Department. Such reports shall be forwarded forthwith
   by the Police Department or other agency to the Department of Public
   Safety.
   
   B. 1. No public employee or officer shall allow a person to examine or
   reproduce an accident report or any related investigation report if
   examination or reproduction of the report is sought for the purpose of
   making a commercial solicitation. Any person requesting an accident
   report may be required to state, in writing, under penalty of perjury,
   that the report will not be examined, reproduced, or otherwise used
   for commercial solicitation purposes. It shall be unlawful and
   constitute a misdemeanor for any person to obtain or use information
   from an accident report or a copy thereof for the purpose of making a
   commercial solicitation.
   
   2. As used in this subsection:
   
   a. "commercial solicitation" means any attempt to use, or offer for
   use, information contained in an accident report to solicit any person
   named in the report, or a relative of such person, to enter into a
   professional, business, or commercial relationship. "Commercial
   solicitation" does not mean publication in a legal newspaper, as
   defined in Section 106 of Title 25 of the Oklahoma Statutes, or
   broadcast by news media for news purposes, and
   
   b. "accident report" means any report regarding a motor vehicle
   accident or collision which has been submitted by an individual or
   investigating officer on a form prescribed or used by the Department
   of Public Safety or local police department.
   
   3. Publication in a legal newspaper, as defined in Section 106 of
   Title 25 of the Oklahoma Statutes, or broadcast by news media for news
   purposes shall not constitute a resale or use of data for trade or
   commercial solicitation purposes. Because publication by a legal
   newspaper or broadcast by news media for news purposes is not a resale
   or use of data for trade or commercial purposes, an affidavit shall
   not be required as a condition for allowing a member of a legal
   newspaper or broadcast news media to examine or obtain a copy of an
   accident report.
   
   4. The Department of Public Safety and local police departments shall
   include the following or a similar notice upon any copy of an accident
   report furnished to others: "Warning - State Law. Use of contents for
   commercial solicitation is unlawful."
   
   C. 1. In addition to any other penalties or remedies provided by law:
   
   a. a violation of this section by a health care professional or health
   care provider shall be grounds for disciplinary action by the state
   agency licensing, certifying or registering such professional or
   provider, and
   
   b. the state agency licensing, certifying or registering such
   professional or provider may institute an action to enjoin violation
   or potential violation of this section.
   
   2. As used in this subsection:
   
   a. "health care professional" means any person who offers or provides
   health care services under a license, certification or registration
   issued pursuant to Title 59 of the Oklahoma Statutes; and
   
   b. "health care provider" means any hospital or related institution
   who offers or provides health care services under a license issued
   pursuant to Section 1-702 et seq. of Title 63 of the Oklahoma
   Statutes.
   

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